' SH. RIAZ AHMED, C.J.--- This order shall dispose of Cr.P.295 of 2001 and Jail Petition 202 of 2001 assailing the legality of judgment, dated 11-10-2001 whereby, a learned Division Bench of the Lahore High Court confirmed the death sentences of Ghulam Hussain son of Abdul Karim and Muhammad Ramzan and altered the sentence of Nazir Ahmed son of Noor Muhammad and Khalid Rashid petitioners to that of life imprisonment each, for the murders of Abdul Hameed, Zulfiqar and Sabir Ali deceased and for causing injuries to Liaqat Ali, Wajid Ali, Ibrahim and Mst. Bilquis.
2. After hearing both the learned counsels for the parties and having gone through the judgments of the Courts below, we have noticed that there is a contradiction between the statements of the eye-witness Bilquis P.W.9 and complainant Siddique P.W.8 qua the role of Ghulam Hussain, inasmuch as, she had categorically deposed that Ghulam Hussain had fired a rifle shot which hit Zulfiqar on his chest causing his death while the first informant Siddique attributes the death of Zulfiqar to Nazir Ahmed son of Noor Muhammad and Mehmood. It was further contended that occurrence took place during the dead hours of the night, therefore, it was not possible for the witnesses to have correctly identified the assailants in absence of electricity in the village. It was next contended that the Courts below have unjustifiably brushed aside the plea of alibi raised on behalf of petitioner Ghulam Hussain with regard to his detention at Police Station "B" Division Okara on 9-5-1995. Therefore, to consider only the quantum of sentence in this case, we grant leave to appeal. Order accordingly.
' We have heard Mr. Ahmed Raza Khan Kasuri, Advocate Supreme Court, and are of view that since leave to appeal has already been granted in Cr.P.295 of 2001, therefore, we would grant leave to appeal in this jail petition as well to determine, as to whether such injury attributed to Khalid Rashid could have been caused by weapon used by him during the occurrence.
' Leave to appeal granted in both these cases.